A collective trademark is a trademark owned by the members of an organisation. Collaboration is a suitable method for expanding a business, and there are several collective trademarks in India. The collective trademark represents the goods and services offered by an organisation that consists of several members, and a single entity or person can’t own these trademarks. The Trademark Act 1999 defines a collective trademark as a mark that distinguishes the goods or services of members of an association of persons.
What is the Purpose of a Collective Trademark?
A collective trademark will distinguish the goods and services of the members from those of non-members. It will identify whether a particular product or service belongs to a recognised group. It will ensure that the products and services meet the common standard set by the group’s members. It promotes collaborative branding, enabling small- and medium-sized businesses to expand their market reach. Additionally, it ensures that group members can only use the mark.
Key Requirements for a Collective Mark to be Eligible for Trademark Registration in India:
- According to the Trademark Act of 1999, a mark should not create confusion to the public regarding the source of a product or service. Therefore, the chosen mark should be distinctive and must not have any similarities to existing marks.
- The mark should be able to indicate that it represents the products and services of an organisation’s members.
- Section 63 of the Trademark Act stipulates that the registrar will refuse the application if the regulations of the mark are misleading regarding who can use the mark and under what conditions.
- Section 67 of the Trademark Act outlines that the owner of the trademark can take legal action if there is any infringement.
- According to Section 68 of the Trademark Act, a collective mark will be removed from the register if it misleads the public or is non-compliant with the trademark regulations.
- Section 62 of the Trademark Act states that the applicant should include the regulations regarding the use of the mark and membership requirements.
Proof of membership requirements is essential for collective trademark registration. The document should clearly define details regarding who qualifies as a member, the conditions for membership, the rights and obligations of members, and the procedure for admission and removal. Additionally, you need to provide the details and list of members, including their membership ID and the goods & services they offer. Individual members in the group should give the membership certificate issued by the association, along with a declaration of compliance with the association’s standards and regulations. Additionally, provide the usage agreement details signed by the members, which outline the rights to use the mark and the quality standards that must be maintained.
Collective Trademark Registration Procedure in India:
Trademark Search
Even if the chosen trademark has a distinct brand name, make sure that you conduct a proper trademark search to ensure that you don’t infringe on any existing mark.
Prepare the Required Documents for the Registration.
- If the applicant is an individual, provide details such as ID proof to verify their nationality and other personal information. If the applicant is a company, provide documents that show the company’s establishment date, along with its complete address. If the applicant is in a partnership, then there should be proper documents that show the partnership details.
- Provide a detailed regulation regarding the use of a trademark.
- Proof of membership
- Description of the mark and its use
- Applicant name and organisation
- Applicant details like ID proof
- Details of the members of the organisation, and also the objective of the organisation
- Conditions for membership and the relationship of each member to the group.
- Conditions for the use of the mark and authorised personnel who are allowed to use the mark
Application Filing
After confirming that there are no similar trademarks to the chosen one, you can file the trademark application with the relevant documents. You can register online or offline based on your requirements. In India, there are trademark offices in Chennai, Mumbai, Kolkata, and Delhi. Online filing of a collective trademark can be done through the official portal of the Controller General of Patents, Designs and Trade Marks (CGPDTM).
Trademark Examination
The examiner will review the application, check for errors, and then publish it in the trademark journal. In some instances, a trademark application may be subject to specific conditions or objections. If there are any objections or conditions to be met, then they will be mentioned in the examination report. The applicant will have one month to respond to the objection or to meet the required conditions. If your application is rejected, you can request a hearing and gather evidence to clarify the objection.
Opposition Period
In India, a collective trademark can be opposed within 4 months of its publication in the trademark journal. The applicant can submit a counterstatement and provide relevant evidence to address the opposition.
Obtain the Trademark Registration Certificate.
If no objections are raised or if the examiner determines that any objections lack merit, the applicant will be granted the trademark registration certificate. Suppose a trademark application has been previously filed in another country. In that case, the applicant may claim priority under the Paris Convention, provided that both India and the country of origin are members. The priority claim should be filed within six months of the initial filing date. You need to provide details regarding the filing date, application number, and the country of origin. Additionally, you must submit a copy of the priority documents, along with a description of the goods and services, to the Indian trademark office.
How can Jitendra IP and Legal Services help you with Collective Trademark Registration?
Trademark registration is a complex process, especially for a collective trademark. You need to define the terms of use and the details of the members who are eligible to use the mark. Additionally, a clear and accurate description of the goods and services should be included when filing a trademark application. Jitendra IP and Legal Services can help you with the registration process. Our expertise in trademark laws will be helpful while preparing the trademark application. Additionally, we can help businesses with trademark monitoring and enforcement.
